The Tugboat No. 6
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. The decree (148 Fed. 1007) held both vessels in fault for a collision between the steamer Nord America and the tug Transfer No. 6, which occurred in the harbor of New York at 1:45 p. m. November 23, 1904. The tug alone appeals.
1Per curiam
We have examined the record with care, and are not satisfied that the District Judge was in error in holding both vessels in fault for what he correctly terms a “very careless collision.” Occurring as it did in broad daylight, with nothing in the elements to prevent safe navigation, it might almost be asserted that the presumption is that it required the carelessness of both vessels to produce a result so indefensible. If the tug had seen the steamer before she was almost in the jaws of collision, and had taken ordinary precautions thereafter, we are convinced that the accident might have…
2Cited by3 opinions
- Standard Oil Co. v. DaviesCourt of Appeals for the Fourth Circuit · 1921
- Mesick & Mesick Transp. Co. v. New York, N. H. & H. R.District Court, E.D. New York · 1926
- The Transfer No. 15Court of Appeals for the Second Circuit · 1917